N.Vasugi v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5732 of 2015 N.VASUGI ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE VILAMPATTI POLICE STATION, DINDIGUL DISTRICT. CR. NO.41/2015.
... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.PALANICHAMY Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 13.03.2015, for the offence punishable under Sections 369 and 370 of the Indian Penal Code, in Crime No.41 of 2015, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that this petitioner had illegally adopted a child, begotten by the first accused - Pachiammal. The crux of the allegation is that this petitioner should have followed the procedure by filing appropriate application before the Court concerned to legalize the adoption of the child, which she had failed to do. This petitioner was arrested on 13.03.2015.
3. It is represented by the learned Government Advocate [Criminal Side] that some of the co-accused have been granted bail by the Courts below. It is also represented that the investigation has been completed and final report has also been filed.
4. In such circumstances, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Nilakottai and on further condition that: [a] the petitioner shall report before the respondent police as and when required for interrogation.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
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[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
sd/- 01/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, NILAKOTTAI.
2.DO THRO THE CHIEF JUDICIAL MAGISTRTE, DINDIGUL. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE OFFICER INCHARGE, SUB JAIL, NILAKKOTTAI.
5.THE SUB INSPECTOR OF POLICE VILAMPATTI POLICE STATION, DINDIGUL DISTRICT. +1. CC to M/S.V.PALANICHAMY Advocate SR.No.16263
ORDER
IN CRL OP(MD) No.5732 of 2015 Date :01/04/2015 rg.01.04.2015 2p.7c.
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